Cawley & Ors -v- Lillis [2011] IEHC 515 (06 December 2011)

Cawley & Ors -v- Lillis [2011] IEHC 515 (06 December 2011)

On the death of the deceased, the legal estate in the joint assets accrued to the defendant by survivorship, but as to one half share, he holds them on a constructive trust for the estate of the deceased. The entirety of the joint assets do not form part of the estate to the exclusion of the defendant. Severance did not occur automatically, but equity intervenes to prevent the defendant from benefiting from his crime, resulting in equal beneficial shares between the estate and the defendant.

Citation
[2011] IEHC 515
Parties
Plaintiff: Christopher Cawley; Plaintiff: Susanna Cawley; Plaintiff (by Order): Georgia Lillis; Defendant: Eamon Lillis
Jurisdiction
Ireland
Judgment Date
06 December 2011
Procedural Posture
Special Summons (probate/administration of Estate) / High Court Judgment
Outcome
The defendant holds the joint assets upon a constructive trust: one half for himself, one half for the estate of the deceased. The estate is not solely entitled to the joint assets. Severance did not occur automatically. Further orders regarding division or accounting are adjourned to allow parties to reach...
Legal Topics
Joint Tenancy and Survivorship, Constructive Trusts, Forfeiture Rule, Unlawful Killing and Inheritance, Severance of Joint Tenancy
Succession Law Equity and Trusts Property Law Joint Tenancy and Survivorship Constructive Trusts Forfeiture Rule Unlawful Killing and Inheritance Severance of Joint Tenancy

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Parties

Christopher Cawley

Plaintiff

Susanna Cawley

Plaintiff

Georgia Lillis

Plaintiff (by Order)

Eamon Lillis

Defendant

Procedural Posture

Special Summons (probate/administration of Estate) / High Court Judgment

Legal Issues

  1. 1 Does the right of survivorship operate where one joint tenant unlawfully kills the other?
  2. 2 Is the surviving joint tenant's interest forfeit in such circumstances?
  3. 3 Does the interest pass to the estate of the deceased joint tenant?

Ratio Decidendi

On the death of the deceased, the legal estate in the joint assets accrued to the defendant by survivorship, but as to one half share, he holds them on a constructive trust for the estate of the deceased. The entirety of the joint assets do not form part of the estate to the exclusion of the defendant. Severance did not occur automatically, but equity intervenes to prevent the defendant from benefiting from his crime, resulting in equal beneficial shares between the estate and the defendant.

Court Disposition

The defendant holds the joint assets upon a constructive trust: one half for himself, one half for the estate of the deceased. The estate is not solely entitled to the joint assets. Severance did not occur automatically. Further orders regarding division or accounting are adjourned to allow parties to reach...

Orders

  • Ownership of joint assets determined: defendant holds one half beneficial interest, estate holds one half beneficial interest via constructive trust.
  • Proceedings adjourned to allow parties to agree on division and accounting; further applications may be made if agreement is not reached.